What happens if you get divorced while in Chapter 13?

What happens if you get divorced while in Chapter 13?

If the divorce gets heated, you may not be able to work together in your Chapter 13. You and your spouse will have to hire new bankruptcy lawyers and file a motion with the court to split your case into two distinct Chapter 13 bankruptcy filings (or convert one of the cases to Chapter 7, or dismiss one of them).

Can you file bankruptcy divorce debt?

This effectively means that any debt that is a divorce-related debt will be non-dischargeable if you file a Chapter 7 Bankruptcy. This means that a property settlement debt will not have priority status in a Chapter 13 Plan, and may be discharged just like any other unsecured debt.

Can I file a Chapter 13 without my spouse?

Yes, a married individual can file for Chapter 13 bankruptcy without their spouse. But if you share a household, your spouse’s income must be included in the petition. Those who live in separate households do not need to include their spouse’s income — which is often the scenario in a separation case.